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American Express, DOJ Go to Trial

By Michael Misasi
July 8, 2014
in Analysts Coverage
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payroll cards

HR software, Automated payroll management, Business finance concept, Businessman use technology for payroll management Salary calculation, Automatic salary payment system, Financial, Accounting

Payroll cards have become an increasingly common alternative to paper checks and direct deposit, particularly for employees who do not have traditional bank accounts. However, questions about employee choice, fee structures, and wage access continue to generate regulatory scrutiny. A lawsuit involving a Pennsylvania McDonald’s franchise has renewed attention on whether employers can require workers to receive wages through prepaid debit cards and whether such practices comply with federal labor laws.

As payroll card adoption grows, employers, financial institutions, and regulators must balance convenience with consumer protections. Ensuring employees have access to their full wages without unnecessary costs remains central to the broader discussion around electronic payroll solutions.

Federal authorities interested in a lawsuit against a McDonald’s in Pennsylvania are determining if any national labor laws were violated when a former worker claimed management forced her to use a prepaid debit card to access her wages instead of a check or direct deposit.

From the Times-Tribune:

The U.S. attorney’s office for the Middle District of Pennsylvania asked the Department of Labor to “look into it to determine if federal action is appropriate,” Heidi Havens, a spokeswoman for the U.S. attorney’s office, said.

“At this point, it is too soon to tell what specific action, if any, there would be,” Ms. Havens said.

Lenore Uddyback-Fortson, a Department of Labor spokeswoman, said the department was aware of the McDonald’s case, but could not confirm or deny if there is an active investigation.

“The agency has seen more of the use of debit cards to pay employees within the past several years as it is growing in practice,” Ms. Uddyback-Fortson said. “As long as the fees do not cause wages to drop below $7.25 per hour, the federal minimum wage, the practice does not violate the Fair Labor Standards Act.”

J.P. Morgan Chase, which issues the payroll cards some McDonald’s use, told the Times-Tribune it negotiates with employers way employees can access their funds free:

“There are some fees if you choose to use those options, but there are also free options,” Mr. Fusco said.

Lawsuits such as this one involving prepaid cards do not bode well for the industry as consumers and media tend to get the wrong impression about these products. Even if this particular McDonald’s franchise is at fault, all anyone will remember is that a prepaid debit card caused a problem in the first place.

The McDonald’s lawsuit highlights the importance of transparency and employee choice when implementing payroll cards. While prepaid payroll solutions can expand financial access and reduce administrative costs, employers must ensure they comply with wage laws and provide fee-free options for employees to access their earnings. As payroll cards become more widely used, regulatory oversight and clear consumer protections will remain critical to maintaining trust in these payment products.

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